Corpening v. Sawyer

Background

Michael Christopher Corpening, proceeding without a lawyer, filed a petition for a writ of habeas corpus. The opinion does not describe the underlying habeas claims. Corpening submitted neither the required $5 filing fee nor an application to proceed without prepaying fees.

Order

The court directed Corpening, within 30 days of the order, to either pay the $5 filing fee or complete and submit the attached application to proceed without prepaying fees. The court explained that, if it granted the application, Corpening could proceed without paying the fee in advance. The Clerk was directed to assign the matter to Judge McMahon’s docket, mail the order to the plaintiff, and record service on the docket. No summons was to issue at that time.

Disposition

Judge Colleen McMahon ordered that the case would be processed under the Clerk’s Office procedures if Corpening complied. The court stated that the action would be dismissed if he failed to comply within the allowed time. The court also certified that an appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. The order did not reach the merits of the habeas petition.